The University of Hong Kong

The Society for the Prevention of Cruelty to Animals (HK) 

Winifred Chow Wing Yee

Mandy Chan Ching Man

Introduction 

Each year, there are 40,000 animals are abandoned in Hong Kong. According to the statistics done in 2001-2002, the Society for Prevention Cruelty to Animals (HK) received over 18,000 animals. The Agricultural, Fisheries and Conservation Department catches over ten thousand stray animals. However, overpopulation of animals has created social problems to the HKSAR Government and greatly burdened the SPCA. With reference to the survey, 23% of Hong Kong people keep a pet. Due to the imbalance of demand and supply of animals, a deluge of surrendered and abandoned animals is as a result. Only 7.5% of 40,000 animals find new homes and you may wonder how to arrange the remaining. The rest are killed. In fact, both the HKSAR Government and the SPCA are intent to ease the problem by ways of spay/neuter programs and increasing the number of homes available.

 The SPCA believes that a source of these homes is public housing. At present, the Public Housing tenants account for about 30% of the total population. However, due to the restrictive condition of the Public Housing Tenancy Agreement, "no animals, birds or livestock is allowed". Recently, "hygiene points" is introduced from 1^st August and pet owners who live in Public Housing Estate are worried this new rule. Some of them decide to give their pets to the SPCA. Some of them will abandon their pets too. As a result, overpopulation of stray animals is created. The solution comes to the origin is killing the stray animals but what we don't want to see is to destroy any lives. Is there true justice and fairness to the animal lovers and the animals? Can everyone sit down and think deeply that if implementation of 'hygiene points' is fair and time for consultation is enough?

Background

 a.      Situation in Hong Kong

Why are so many pet animals killed in Hong Kong? It is due to two reasons: 

1)     Oversupply

There are under-regulated Hong Kong pet shops and breeders, under-regulated legal imports of pet animals, illegal imports of pet animals, especially from puppy farms in Guangdong), and many pet owners fail to desex their animals. 

2)     Lack of Demand

There are too few (good) homes available. 55% of Hong Kong people live in Public Housing Estates which ban rear pets.

 The main solution is to decrease supply, and increase demand that is increase homes for animals, and stop killing at the same time. This is the basis of the No Kill Policy introduced by the SPCA. Hong Kong is a City of Life and solving the problem is not impossible. For the supply side, we can reduce (legal and illegal) importation of animals, pet shop sales and impulse buys of animals, and breeding by levying differential license fees for intact/desexed animals. For the demand side, we can increase the number of potential (good) homes by relaxing the blanket ban on pets in all Public Housing Estates. Overpopulation is due to animal neglect and a lack of education among pet guardians. By encouraging spaying and neutering and proper identification of pets, the problem of pet overpopulation can be successfully combated.  

c.     SPCA

 There was a report done by 2 undergraduates from the University of Hong Kong through the Social Justice Summer Internship Program 2002. It was about a research to indicate the extent of support for pet ownership in public and private housing. It also indicated support for/ against companion animals in private/ public housing and what methods should be introduced to facilitate the process, including legislative and regulatory change. SPCA introduced "No Kill" policy and also Responsible Pet Ownership (RPO) which teach pet owners to be responsible pet owners.

d.     Other animal welfare organizations

e.      Our rationale 

                          i.      What we urge 

The proposed 19 hygiene points were too strict to the tenant especially dogs and cats owners. The problem of prohibition of pets has not been solved since there are many tenants own pets secretly. However, the Housing Authority and Housing Department haven't clearly given enough time for pet owners to arrange their pets. Some pet owners would continue to own their pets secretly while some would abandon their pets or rush to SPCA to give up their ownership. Overpopulation of stray animals led to a hygiene problem and there is not enough space for SPCA. It is a problem needed concern with. We urge that HKSAR government and related department relook the policy and give clearer details about it.

                         ii.      What we propose

 There should be a deep consultation and research on the housing issue. Plenty of time is required and we hope the Housing Authority and Housing Department lessen the legislation. If "hygiene points" is introduced from 1^st August, the result will be a deluge of surrendered and abandoned animals. This will increase Government:

 1.         burden on its facilities and responsibilities

2.         costs in killing animals

3.         set back the image of Hong Kong as a City of Life.

4.         have a yet another negative effect on society

5.         set back the cause of animal welfare in Hong Kong.

                       iii.      Reasons

 Under the strict legislation, pet owners are afraid of losing their houses and would abandon their pets for safety. This led to overpopulation of stray animals, which are usually not de-sex, and increase great burden to SPCA, other animal welfare organization and government itself. And the reasons are as follow:

 1)     A Society is judged by how it treats its weakest --- this includes lower income residents and animals. Awarding "hygiene points" against pets shows the world that the HK Government has forgotten that "Respect for life begins with respect for animals".

2)     We want to make HK a "No Kill City" where no healthy animals are killed, because they do not have a home. In August 2002 the SPCA announced it would become a No Kill Organization. Animal Welfare Groups do not want the Government of this Asian City of Life to kill more healthy animals because the SPCA is no longer killing them. 

3)     We do not want Housing Authority rules to be broken by residents who keep pets. Instead we wish that these rules set in the 1960's are reviewed and relaxed. 

4)     Modern education and recent research reaches us that pets benefit family life and all ages of people. The responsibilities of pet owners are nowadays widely recognized by both these owners and society at large. We want government to understand this and help all its citizens benefit - not just the rich. 

5)     All Animal Welfare Groups are happy to work with Government and to introduce beneficial changes so all citizens needs are recognized.

f.       Other pet welfare

                           i.      When strays are found in Hong Kong

 The AFCD has a system of treating strays found in Hong Kong. It is an offence under the Prevention of Cruelty to Animals Ordinance (Cap. 169) to treat animals cruelly and cause unnecessary pain or suffering to them. The Animal Management Division of AFCD is in charge if strays are found.  

On 25 April 1997, the Animal Welfare Advisory Group which advises the Director of Agriculture on matters concerning animal welfare was appointed. Advice includes the promotion of community awareness of animal welfare and responsible pet ownership. The members of the group come from various animal welfare organizations, kennel clubs and other animal related business. The AFCD provides secretarial and administrative support to the group. The group works on topics including regular update on relevant animal laws, education and media programmes to promote responsible pet ownership, and the regulation and control of commercial dog breeding. With increasing concern on animal welfare, the implementation of the hygiene points under the influence of SARS, which will inevitably results in a large number of strays dogs and cats, arouses widespread controversies in society, especially among animal lovers.  

                        ii.      Responsible pet ownership

 We believe that, with the rising awareness of responsible pet ownership, nuisance caused by pets and pet owners in public housing estates and in society can be minimized.  

                      iii.      Benefits of pets to different people 

Owning pets can bring positive influence to different age groups. 

1.     Health 

b.    Senior Pets like Nicky, Moochie, Buddy and Cheyenne demonstrate their varied health benefits to seniors. Among these benefits are:

        Seniors with dogs go to the doctor less. Dogs are preventative and therapeutic against everyday stress.

        For people aged 65-78, dogs are a major factor of conversations with passers-by. Companion animals readily elicit friendly responses.

           Pet owners have lower triglyceride and cholesterol levels.

          Pet owners have fewer minor health problems, lower medical costs, better psychological well being, and higher one-year survival rates following coronary heart disease.

        Pets promote social interaction, decrease the feeling of loneliness and isolation, and increase morale and optimism.

2.     Education 

a.     Children The introduction of a friendly dog was associated with a significant increase in prosocial behaviour and a decrease in autistic behaviours such as self-absorption. The authors suggest that the presence of the dog made therapy more pleasurable and productive and therefore made it more likely that the children would continue and extend their efforts.  

It also brings improvements on measures of self-esteem, internal locus of control, psychological well being, and community integration. In addition, the presence of the dog resulted in a significantly reduced number of hours of paid and family-provided assistance needed in activities of daily living. 

Poresky et a1. associated improved cognitive development with the bond between children and pets. It has been suggested that pet ownership might facilitate language acquisition and enhance verbal skills in children. This would occur as a result of the pet functioning both as a patient recipient of the young child's babble and as an attractive verbal stimulus, eliciting communication from the child in the form of praise, orders, encouragement and punishment.  

In a study by Peretti (1990), friendship bonds between elderly people and their pets were explored. An especially revealing finding was the high percentage of participants who said that their dogs were their only friends (78% of men and 67% of females), and that the friendship bonds they had with dogs were as strong as any they had experienced with humans. Children with autism have more prosocial behaviors less autistic behaviors such as self-absorption. 

History 

Related laws in Hong Kong 

Government attention on hygiene 

The government launched the scheme with measures in place to strengthen civic education in order that more residents identify themselves with the importance of keeping Hong Kong clean. The latest phase Clean Hong Kong Programme was launched in December 2000, with emphasis on public education, which is pivotal in raising public awareness on the need to keep a clean and tidy environment. We can see that, with above mentioned, the government succeeded in raising awareness of RPO with cooperation of the public to reach the target. The emphasis on hygiene becomes an important major concern after the outbreak of SARS.  

The scheme attempts to reach the target by the work of different committees and government departments, including the Steering Committee on Clean Hong Kong, the Publicity and Public Education Group and the District Promotion Committee of the Steering Committee, the FEHD and the Education Department. School education was a major concern in the scheme, which incorporated Clean Hong Kong information in primary and secondary school curriculum and organized wide range of Clean Hong Kong extra-curricular activities. These help foster a keep Hong Kong clean culture among students.   There are publicity and public education items such as television and radio Announcements of Public Interests, posters and banners, video, pamphlets, stickers, website, newspaper supplements, and media interviews. We believe that the scheme succeeded in raising awareness of public hygiene, including pet owners. The atmosphere of Clean Hong Kong facilitates the relaxation of owning pets in public housing estates with minimized nuisance. It would be the right time for the government to reconsider the old regulations from 1960s.  

According to the Fixed Penalty (Public Cleanliness Offences) Ordinance (Cap. 570), litter and spitting can be penalized for a $1,500 fine. The subsidiary legislation of the Public Cleansing and Prevention of Nuisances Regulation (Cap. 132) also stated a $5,000 fine upon first conviction and a $10,000 fine upon subsequent convictions.  

Fouling of street by dog faeces was among the categories where the $600 fines would apply when the fixed penalty scheme was first implemented on public cleanliness offences. Seven departments, including Food and Environmental Hygiene Department, Leisure and Cultural Services Department, Marine Department, Hong Kong Police Force, Housing Department, Environmental Protection Department, and Agriculture, Fisheries and Conservation Department are authorised under the Ordinance to take enforcement action in areas or venues under their management responsibility.  

From 10/6/2002 to 27/5/2003, more than 1900 people were fined for spitting. None of them was subsequently acquitted by the Court. From 10/6/2002 to 12/2/2003, total number of fixed penalty notices amount to 11,000, with less than 0.6 per cent have disputed liability for the offence. The majority of fixed penalty notices were issued in densely populated areas and venues with high pedestrian flows. Eastern, Mong Kok and Kwun Tong districts have recorded the most offences, with some 10 per cent of the total number of notices issued in each of these districts. According to the enforcement experience, places near MTR entrances, bus stops, convenience shops and snack shops are more prone to littering, particularly improper disposal of cigarette butts, soft drink containers and straw wrappings. The source did not mention the number of offences related to fouling of street by dog faeces, which represents that the number was not significant.  

In view of the outbreak of atypical pneumonia, to increase the deterrent effect, enforcement officers have issued summonses in lieu of fixed penalty notices against spitting offenders since March 28, 2003. None was made on pet related issues.  

Other related animal laws: licensing 

(a) Dog ownership 

     Several licenses are related to establishments of pet shops: 

 For the import of dogs, cats, and birds, there needs a: 

 As we can observe, there are no limit on the number of pet shops in obtaining the license. Import of animals is also unrestricted. Anyone can obtain a license easily, and the fee for the license is not high enough. This leads to the over abundant number of pet shops in Hong Kong, especially in districts like Mongkok. Many of the pet shops did not provide an acceptable environment for the pets. People tend to buy the pets without thorough considerations, and this increased the chances of abandoning animals into the streets. There is a need for the government to re-legislate on the law of this aspect. The government should also raise the fees of licensing.
 

Public Housing 

a.      The housing policy of the Housing Authority 

By virtue of the Housing Ordinance, Chapter 283, the Hong Kong Housing Authority was established on 1 April 1973. The powers and duties of the Authority are found in the Ordinance and in section 4 of the Ordinance. Committees have been appointed by the Authority for the better discharge of its functions. Some of the authority's main duties are: 

-     To liaise with other bodies concerned with housing in both the public and private sectors and to advise the Chief Executive on matters relating to housing.

-     To manage, maintain and improve the Authority’s housing estates and non-residential buildings or premises and such amenities ancillary thereto. 

The Housing Authority currently has six standing committees which have responsibilities for certain areas of the Authority's work including certain executive functions under delegated authority as specified in their terms of reference. One of the committees is the plan designer and it is Strategic Planning Committee. It duties are: 

-     To review and endorse the corporate plan of the Housing Authority and to set strategic guidelines and planning parameters within the policies and objectives set by the Authority for submission to the Authority for approval.

-     To review all housing programmes related to policy targets.

b.     Cap 283 

     According to the Housing Ordinance (Cap.283) s. 4(e) and s.30(1f), the Housing Authority and Housing Department are empowered the management rights in public housing estates. Each tenant has to sign and observe the Tenancy Agreement. One of the conditions of the Tenancy Agreement is "not to keep animals, birds, and livestock of any description in the said premises". The Housing Ordinance (Cap283), s.30 (1f) stipulates, "The Authority may make bylaws to provide for the preservation of good order and the prevention of abuses and nuisances in its estates".

The Chief Secretary's report and the hygiene points 

 Action

 On 18^th July, 2003, more than 2,000 animal lovers, dog owners and their pets protested outside Legco against rules that would make pet ownership punishable by eviction from public estates. Twelve animal welfare groups organised the protest to demand that the Housing Authority allow pet owners to keep their animals until they die of natural causes. A pet-registration system was also proposed. The protesters assembled at the entrance to the Citibank Tower before marching to the government headquarters. The pet owners handed a letter to the Secretary for Housing, Planning and Lands, Mr. Michael Suen Ming-yeung. The protest was a demonstration of "animal power", as more than 100 dogs, parrots, cats and rabbits joined it.  

Suggestions to government 

   Suggested self-discipline guidelines for pet owners in Public Housing Estate 

1.     Pets may leave their place of dwelling only at specified non-peak hours to avoid the rush to and from work and school and reducing the possible inconvenience caused to other tenants.

2.     All pets must be carried or put on a leash when entering the public areas in the Housing Estate to minimize the possible fear caused to other tenants.

3.     Dogs weighing over 30lbs and species specified by Government regulations should wear a muzzle when they are in public areas.

4.     Pet owners or whoever is in control of the pet should clean up all waste left by their pets to ensure a clean living environment.

5.     Pet owners or whoever is in control of the pet should control the pets’ barking or other noises so as to eliminate noise disturbance.

6.     Pets should be regularly inoculated and proof of inoculation should be shown to Housing Department staff on request.

7.     Pet owners or whoever is in control of the pet should bring their pets for annual medical check ups by a registered vet. Records of such medical check up should be retained for inspection by Housing Department staff on request.         

          SPCA Proposals for preventing the killings 

1.     Licensing

-All animals to be registered and micro-chipped before sale/ adoption

-Registration fee reduced for desexed animals

          2. Importation

              -Imported animals to be fully vaccinated and at least 12 weeks old.

              -Substantial licence fees for an intact animal (in excess of HK$1,000)

              -Reduced licence fees for desexed animals

              -Animal must be micro-chipped, preferably in country of origin.

          3. Breeding

              -Licence required for commercial breeding

-Illegally bred puppies and kittens offered for sale should be confiscated and the owner fined.

          4. Pet shops

              -Regulations should be made more stringent and fees significantly increased.

-Aim to phase out animal sales from pet shops - sell supplies. Animals to be obtained directly from rescue centres.

Conclusion

     It is mentioned that the number of strays and surrendered animals has been increased from year to year at the beginning of the report. After the introduction of "hygiene point" from 1^st August, a deluge of surrendered and abandoned animals would be resulted. It is apparently that the HKSAR Government should consider the problem seriously. SPCA and some animal welfare groups took actions and got support from the Agricultural, Fisheries and Conservation Department. Pet lovers and those from public housing estates are willing to support and help in any action. The HKSAR Government considered the view from SPCA and some animal welfare groups, and then postponed two months for the pet owners who are living in public housing estate, but the implementation of “hygiene points” is still continued. The SPCA and some animal welfare groups will not stop their action and they continued to consult with some legislative councillors. They really hope that the HKSAR Government will relax the "hygiene points" system and accept solution that the SPCA and some animal welfare groups proposed.

     To be a responsible Government, it does not mean that taking any implementation without plenty of consultation. A deluge of surrendered and abandoned animals still create social problem. Why the HKSAR Government still urges to take the risk to introduce "hygiene points" that worsen the problem? They should balance the problem and introduction of "hygiene points" to implement a suitable solution to improve the environment of Hong Kong.  

     Only when people have an understanding of the animals will harmony be reached between animals and us. Allowing animals back into our homes is only a demonstration of this harmony. Let's work together for creation of this harmony and progress to a higher stage of civilization.  

Appendix